UNCITRAL Model Law on International Commercial Arbitration
Encyclopedia
The UNCITRAL Model Law on International Commercial Arbitration http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html was prepared by UNCITRAL
, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006 the model law was amended, it now includes more detailed provisions on interim measures.
The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia
did, in the International Arbitration Act 1974, as amended). http://www.austlii.edu.au/au/legis/cth/consol_act/iaa1974276/
The model law was published in English and in French. Translations in all six United Nations languages now exist.
Note that there is a distinct difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html. On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute." http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration_faq.html
UNCITRAL
The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law"....
, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006 the model law was amended, it now includes more detailed provisions on interim measures.
The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
did, in the International Arbitration Act 1974, as amended). http://www.austlii.edu.au/au/legis/cth/consol_act/iaa1974276/
The model law was published in English and in French. Translations in all six United Nations languages now exist.
Note that there is a distinct difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html. On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute." http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration_faq.html
External links
- Text of the model law (PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
)